Mashburn et al v. Sandusky et al

Filing 86

ORDER Adopting 83 Stipulation to Modify Scheduling Plan and Resetting Final Pretrial Conference and Jury Trial. Discovery due by 5/1/2015. Plaintiff(s) Expert Witness Disclosures and Reports due by 6/1/2015. Defendant(s) Expert Witness Disclosu res and Reports due by 6/30/2015. Dispositive Motions due by 6/15/2015. Other Nondispositive Motions due by 5/20/2015. Final Pretrial Conference reset for 11/24/2015 at 01:30 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Previously set for 6/9/2015. The court will provide a number for the parties to call prior to the conference call. Jury Trial reset for 12/7/2015 at 09:30 AM in Bismarck Courtroom 1 before Judge Daniel L. Hovland (10 days). Previously set for 6/22/2015. By Magistrate Judge Charles S. Miller, Jr.(KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Thomas James Mashburn and Jessica
Nichole Mashburn,

)
)
)
Plaintiffs,
)
)
vs.
)
)
Caisee Sandusky, in her individual capacity; )
Jason Sundbakken, in his individual capacity; )
the City of Minot, a political subdivision of the )
State of North Dakota; Jay Rasberry; Collin
)
Ferguson; Joseph Brann; Marina Carillo
)
Matthews; and Miranda Nichols,
)
)
Defendants.
)

ORDER ADOPTING STIPULATION
TO MODIFY SCHEDULING PLAN
AND RESETTING FINAL PRETRIAL
CONFERENCE AND JURY TRIAL

Case No. 4:13-cv-062

On November 4, 2014, the parties filed a “Stipulation and Motion for Modification of
Scheduling/Discovery Plan.” On November 17, 2014, the court held a telephonic status conference
to discuss the need to reset the trial as the result of the proposed changes.
Pursuant to the parties’ agreement, the jury trial is reset for December 7, 2015 at 9:30 a.m.
in Bismarck before Judge Hovland. The trial is set for ten (10) days. The final pretrial conference
is reset for November 24, 2015 at 1:30 p.m. by telephone before Judge Miller. The court will
provide the parties a number to call in advance of the telephone conference.
The parties also agreed that as a result of new trial date, all deadlines proposed in the
stipulation to amend the scheduling plan should be extended by two (2) months. Accordingly, the
court ADOPTS the stipulation and GRANTS the motion (Docket No. 83) as follows:
1.

The parties shall have until May 1, 2015, to complete fact discovery and to file
discovery motions.
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2.

The plaintiffs shall provide the names of expert witnesses and complete reports under
Fed. R. Civ. Rule 26(a)(2) by June 1, 2015. Defendants shall provide the names of
expert witnesses and reports under Fed. R. Civ. Rule 26(a)(2) by June 30, 2015.

3.

The parties shall have until July 30, 2015, to complete discovery depositions of
expert witnesses.

4.

The parties shall have until May 20, 2015, to file other nondispositive motions (e.g.,
consolidation, bifurcation).

5.

The parties shall have until June 15, 2015, to file other dispositive motions.

IT IS SO ORDERED.
Dated this 17th day of November, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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